INTA unveils key policy goals at leadership meeting
‘Resolutions’ aimed at tackling trademark violations, cannabis IP and counterfeits | Members from Baker Mckenzie, ALG India Law Offices, Gowling WLG, Wolf, Greenfield, & Sacks, Stobbs, Global IP Partners, given awards.
In addition to announcing its 2024 president— Amazon vice president and general counsel Dana Northcott—The International Trademark Association (INTA) unveiled a number of key policy initiatives at its leadership meeting in Houston, Texas.
During the event held between the 14 and 17 November, INTA’s board of directors adopted a quartet of policies relating to trademark violations, federal level protection of cannabis goods, trademark examination and counterfeit goods.
Four board resolutions
The first resolution addresses monetary relief for trademark violations, setting out multiple bases for calculating and awarding relief, including statutory damages. It also stipulates that in cases of bad faith, or willful or repeated violations, there should be enhanced monetary relief.
The second tackles the absence of federal level protection and registration for trademarks relating to cannabis sector goods or services.
With 246 million people living in states that have some form of legalised access to high-THC cannabis, INTA believes that these consumers are in need of protection against infringers and counterfeiters.
While it has taken no position on whether cannabis products should be legal, INTA’s board supports legislative or regulatory changes that would allow for the federal registration and protection of trademarks that are used in connection with cannabis-related goods or services that are lawful under state law.
The third resolution approved the 2023 edition of INTA’s guidelines for trademark examination, which serves as a standard and guide for national and jurisdictional trademark office application examination procedures.
Leveraging these guidelines, the association is able to provide analysis, advice, comments, recommendations, and training related to national and jurisdictional trademark application examination procedures.
The fourth resolution establishes a framework for protecting consumers from third-party sales of counterfeit goods via online marketplaces. Recognising the health and safety risks that result from any criminal enterprise as the source of counterfeits, the board resolution emphasises the need for anti counterfeiting enforcement mechanisms to protect consumers by determining the circumstances under which online marketplaces may be legally accountable for third-party sales of counterfeit goods.
The framework provides for a range of common practices to address sales of counterfeits. These practices support an approach for assessing liability of online marketplaces for the third-party sale of counterfeit goods when there is intention behind the sale, knowledge of the sale, or the online marketplace has failed to take reasonable steps to prevent and mitigate the sale of counterfeit goods.
Commenting on these policies, INTA chief policy officer Heather Steinmeye said: “The wide range of issues addressed through these resolutions speaks to the broad and comprehensive work of our committees and the productivity of our Board.
“We are grateful to have so many contribute to an advocacy agenda covering the most important issues facing brands and consumers today.”
Awards and recognition
During the conference, INTA also presented The 2023 President’s Award to John Welch, counsel at Wolf, Greenfield, & Sacks in Boston, Massachusetts, an accolade honouring those who have made a lasting impact on INTA and the global trademark community.
The recipients of the 2023 Advancement of Association Objectives Award comprised Daniel Hwang, IP partner at Global IP Partners in Washington, DC, Sheja Ehtesham, managing partner of ALG India Law Offices in New Delhi, India, and Clark Lackert, deputy general counsel of the World Trade Centers Association.
Another award category, the 2023 Members for a Better Society Award, recognised Rachel Armstrong, director at Gowling WLG in Dubai in the United Arab Emirates, Radhika Raju, Partner at Wilkinson Barker Knauer in Washington, DC and Virginia Cervieri, senior partner at Cervieri Monsuarez in Montevideo, Uruguay.
The Membership Champion Award went to Brian Buss, director at CBIZ Forensic Consulting Group, in San Diego, California as well as Pieter van den Bulc k, managing director at Stobbs in Eindhoven, Netherlands.
Finally, Ashneet Hanspal, senior associate at Ahlawat & Associates in New Delhi, India, and Dat Nguyen, associate at Baker Mckenzie in Cau Giay, Vietnam, won INTA’s Tomorrow’s Leader Award, which recognises two outstanding young practitioners with less than five years of IP experience for their early leadership in the IP industry.
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